Congresswoman’s legislation closes loophole Big Insurance uses to deny mental health services, other coverage to firefighters, police, public school teachers, and city and state workers
December 31, 2022 - Legislation introduced by Congresswoman Katie Porter (D-CA) to expand health care coverage for firefighters, police, public school teachers, and other city and state 
workers was signed into law as part of government funding legislation. Porter’s Closing Health Coverage Gaps for Public Servants Act, co-led by Congresswoman Debbie Dingell (D-MI), prevents certain insurance plans covering frontline workers from opting out of important health protections, including mental health parity laws that prohibit insurers from making mental health coverage more restrictive than coverage for other types of medical care.
“Public servants should have the same health care protections as everyone else,” Porter said. “Insurers are required to cover mental health care just as they would physical health care, but loopholes in the law have enabled plans to deny mental health services to frontline workers for years. I’m proud that my bill to close this coverage gap was signed into law, and that more Americans will finally get the care they need.”
The Mental Health Parity and Addiction Equity Act became law in 2008, but more than a decade later, health plans and insurers continue to violate the law or exploit loopholes to avoid providing equal coverage for mental and physical care. Porter’s legislation to strengthen enforcement of federal parity laws, the Mental Health Parity Compliance Act, was signed into law in December 2020. Despite these requirements, 181 self-funded, non-federal government health care plans have opted-out of benefits that other plans are required to provide. Of these 181 plans, all but one have chosen not to provide mental health and substance use disorder parity protections.
In addition to requiring self-funded, non-federal government health care plans to follow mental health parity laws, the Closing Health Coverage Gaps for Public Servants Act also requires these plans to cover post-mastectomy reconstructive breast surgery, hospital stays following the birth of a child, and dependent students on medically necessary leaves of absence.
“Our nation is in the midst of a significant mental health and substance use disorder crisis that has disproportionately impacted frontline workers and been worsened by the COVID-19 pandemic,” said Dingell. “For too long, our nation’s police, firefighters, public school teachers, and city and state workers have lacked adequate health coverage to obtain mental health treatment and services due to loopholes in current laws. The Closing Health Coverage Gaps for Public Servants Act will finally help right this wrong and ensure our public servants have comprehensive healthcare coverage so they can get the care they need and deserve.”
Porter has consistently fought to improve coverage and lower health care costs throughout her time in Congress. She’s introduced legislation to bar insurers from renegotiating contracts during a public health emergency, and championed several bills to improve mental health care. Her proposal to recover taxpayer dollars from pharmaceutical companies that raise prices faster than the inflation rate was signed into law as part of the Inflation Reduction Act.
Source: Congresswoman Katie Porter
